JUDGMENT

This appeal has been filed challenging the conviction and sentence imposed on the appellant/accused in S.C. No.214 of 2006 on the file of the Additional Sessions Judge (Adhoc)-I, Kottayam in a prosecution under Section

308 of the Indian Penal Code.

2. The gist of the prosecution case is that on 26.01.2006, at about 01.30 pm, the accused stabbed CW1 (PW1) with a knife, on his paravertibral region, with such intention as to commit culpable homicide and he thereby, committed an offence under Section 308 of the Indian Penal Code.

3. Following investigation of the case, a final report was filed before the Judicial First Class Magistrate Court-II, Kanjirappally, which was committed to the Sessions Court, Kottayam for trial and disposal. The Sessions Court, Kottayam made over the matter to the Additional Sessions Judge (Adhoc)-I, Kottayam, which framed a charge under Section 308 of the Indian Penal Code.

4. Following a plea of not guilty, trial was conducted and PWs 1 to 6 were examined on the side of the prosecution. Exts.P1 to P6 were marked and the material objects were marked and identified as MOs 1 to 3. On the defence side, two witnesses, namely DWs 1 and 2 were examined.

5. On a